In January and February 2002, the appellant Freezewell Refrigeration Services (Private) Limited repaired air conditioners and doors in a building complex owned by the Forestry Commission under a contract with the respondent Bard Real Estate (Private) Limited, an estate agent managing the property. When Freezewell presented invoices for work done and materials supplied, Bard Real Estate objected to the charges as unreasonably high. Bard paid $153,624.00 but refused to pay the outstanding balance of $403,156.00. On 14 March 2002, Freezewell instituted action claiming the outstanding amount and costs. Bard entered appearance to defend and pleaded that the charges were unreasonably high. Freezewell then applied for summary judgment, which was opposed. The High Court dismissed the summary judgment application with costs on a legal practitioner and client scale on 17 October 2002. On 31 October 2002, Freezewell filed a notice of appeal against the costs order.